OVP’s use of 2022 confidential fund may reach Supreme Court

MANILA, Philippines — The progressive Bayan Muna party-list group will file a petition before the Supreme Court (SC) to question the Office of the Vice President (OVP)’s P125-million confidential fund last year.

“The first issue is President Marcos Jr. transferred P125 million of auditable funds to a confidential fund that is not regularly auditable. If we allow this, then all corrupt public officials have to do is to merely transfer regular General Appropriations Act (GAA) items to confidential funds to get away from strict auditing,” Bayan Muna chairman Neri Colmenares said in a statement on Sunday.

In July, the OVP claimed that the funds were used for their intended purpose, but they were unable to provide specific details on how they were used.

The Commission on Audit reported that a P125-million allocation to the OVP was made possible through budget adjustments.

Colmenares stressed that the OVP’s confidential fund was not allocated by Congress and therefore is a “non-existent” item under the law.

“Augmentation is to add to something that lacks, not to place something on something that does not exist. This post-enactment transfer raises serious legal questions because the SC prohibited such allocations after Congress passed the GAA,” he added.

“This is a matter that may need to be brought to the Supreme Court for clarification and resolution once the budget becomes a law,” he noted.

With Congress having until December to pass the 2024 GAA, Colmenares said both chambers need to scrutinize the allocation of public funds and not “hastily pass the budget.”